[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Notices]
[Pages 31210-31213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11010]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB875]


Notice of Intent To Prepare a Programmatic Environmental Impact 
Statement for Identification of One or More Aquaculture Opportunity 
Area(s) in Southern California

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Department of Commerce.

ACTION: Notice of intent to prepare a Programmatic Environmental Impact 
Statement; notice of public scoping.

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SUMMARY: The NMFS West Coast Region is publishing this Notice of Intent 
(NOI) to prepare a Programmatic Environmental Impact Statement (PEIS) 
under the National Environmental Policy Act (NEPA) for the proposed 
identification of one or more Aquaculture Opportunity Areas (AOAs) to 
be located in Federal waters off the coast of Southern California. An 
AOA is considered to be a defined geographic area that has been 
evaluated to determine its potential suitability for commercial 
aquaculture. The proposed action is a planning initiative only and does 
not propose any aquaculture facilities or permits. The United States 
Army Corps of Engineers (USACE) Los Angeles District, the United States 
Coast Guard (USCG) District Eleven, and the Environmental Protection 
Agency (EPA) Region 9 will act as cooperating agencies for the purposes 
of the PEIS.

DATES: NMFS requests comments concerning the scope of the proposed 
action, its potential impacts to the natural and human environment, 
means for avoiding, minimizing, or mitigating potential impacts, the 
range of preliminary alternatives proposed in this notification, and 
any additional reasonable alternatives that should be considered within 
the Southern

[[Page 31211]]

California Bight. All comments must be received by 8:59 p.m. Pacific 
Standard Time (PST) July 22, 2022. NMFS expects the Draft PEIS is to be 
available in 2023 and the Final PEIS to be available April of 2024 with 
a Record of Decision May of 2024. NMFS will host two webinar-based 
public scoping meetings and will allow for oral comments in English 
during allotted times in the webinar. The webinar meetings will occur 
at the following dates and times:

(1) June 27, 2022, 12 p.m. to 2 p.m. PST
(2) July 11, 2022, 5 p.m. to 7 p.m. PST

ADDRESSES: Due to remaining COVID uncertainties, all public comment 
opportunities will be electronic, either through written comments or 
through oral comment stated during allotted times in the webinar-based 
public listening sessions. Please do not send any written comments by 
hard-copy mail or facsimile to a NMFS office address or fax number. You 
may submit comments on the NOI by any of the following methods.
    Electronic Submission: Submit all written public comments via 
https://www.regulations.gov. Enter NOAA-NMFS-2022-0051 in the Search 
box. Click on the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
    Webinar links: Provide oral comments during designated times during 
virtual public scoping meetings, as described under the DATES section 
of this document. To hear audio and provide comments during the public 
scoping meetings, dial 888-673-9785 and use participant access code 
5831012. To view presentations during the public scoping meetings, 
click on the webinar link. The webinar link for June 27, 2022, is: 
https://www.mymeetings.com/nc/join.php?i=PWXW2725139&p=5831012&t=c. The 
webinar link for July 11, 2022, is: https://www.mymeetings.com/nc/join.php?i=PWXW2725143&p=5831012&t=c. Links and toll-free phone numbers 
for each webinar can also be found at https://www.fisheries.noaa.gov/event/southern-california-aquaculture-opportunity-area-scoping-meeting. 
Please see the `Public Scoping Process' section of this document for 
more accessibility options.
    Instructions: It is important that reviewers provide their comments 
at such times and in such a manner that they are useful to the agency's 
preparation of the PEIS. Therefore, comments must be provided prior to 
the close of the comment period and should clearly articulate the 
reviewer's concerns and contentions. Comments must be submitted by one 
of the above methods to ensure they are received, documented, and 
considered by NMFS. Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered. All comments received are a part of the public 
record. All personal identifying information (e.g., name, address, 
etc.) submitted voluntarily by the sender will be publicly accessible. 
Do not submit confidential business information, or otherwise sensitive 
or protected information. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Diane Windham, NOAA-NMFS West Coast 
Region Aquaculture Coordinator, [email protected].

SUPPLEMENTARY INFORMATION: 

Purpose and Need for the Proposed Action

    The Federal action proposed in the PEIS is to identify one or more 
locations (referred to as AOAs) that may be suitable for multiple 
future offshore aquaculture projects in Federal waters of the Southern 
California Bight, and to evaluate the impacts of siting aquaculture in 
those locations. AOAs identified through this process would be 
considered potentially suitable for finfish, shellfish, macroalgae, or 
multi-species aquaculture. The proposed action is a long-term planning 
effort. It is not a regulatory or permitting action. The analysis may 
be used to inform such processes for individual projects proposed later 
in time.
    On May 7, 2020, the White House issued an Executive Order on 
Promoting American Seafood Competitiveness and Economic Growth (E.O. 
13921), which requires the Secretary of Commerce to identify geographic 
areas containing locations suitable for commercial aquaculture. The 
purpose of the proposed action is to apply a science-based approach to 
identify AOAs in Federal waters. The goal of identifying AOAs is to 
promote American seafood competitiveness, food security, economic 
growth, and to support the facilitation of the development of domestic 
commercial aquaculture, consistent with sustaining and conserving 
marine resources and applicable laws, regulations and policies.
    The proposed action is needed to meet the directives of E.O. 13921 
to address the increasing demand for seafood, facilitate long-term 
planning for marine aquaculture development, and address interests and 
concerns regarding offshore marine aquaculture siting.

Background

    The National Centers for Coastal Ocean Science (NCCOS) initiated a 
marine spatial planning process to assist agency decision makers in 
identifying areas that may be suitable for locating AOAs as mandated by 
E.O. 13921. This process was based on spatial suitability modeling that 
included data layers relevant to administrative boundaries, national 
security (i.e., military), navigation and transportation, energy and 
industry infrastructure, commercial and recreational fishing, natural 
and cultural resources, and oceanography (i.e., non-living resources). 
This spatial modeling approach was specific to the planning goal of 
identifying discrete areas between 500 and 2,000 acres that met the 
industry and engineering requirements of depth and distance from shore 
and are the most suitable for all types of aquaculture development 
including the cultivation of finfish, macroalgae, shellfish, or a 
combination of species. This work resulted in an Aquaculture 
Opportunity Area Atlas for the Southern California Bight (Morris, J.A. 
Jr, MacKay, J.K., Jossart, J.A., Wickliffe, L.C., Randall, A.L., Bath, 
G.E., Balling, M.B., Jensen, B.M., and Riley, K.L. 2021. An Aquaculture 
Opportunity Area Atlas for the Southern California Bight. NOAA 
Technical Memorandum NOS NCCOS 298. Beaufort, NC. 485 pp. https://doi.org/10.25923/tmx9-ex26. Available online at https://coastalscience.noaa.gov/data_reports/an-aquaculture-opportunity-area-atlas-for-the-southern-california-bight/) (referred to hereafter as the 
Atlas).
    The Atlas includes peer-reviewed technical information that may be 
used to assist agency decision makers in identifying areas that may be 
suitable for locating AOAs in Federal waters of the Southern California 
Bight. The Southern California Bight is considered as the marine space 
within the United States Exclusive Economic Zone (U.S. EEZ) associated 
with the coastline between Point Conception and the U.S./Mexico border, 
and encompassing the Channel Islands. The Atlas does not reflect a 
decision by any agency to identify specific AOAs or foreclose the 
agency's ability to evaluate other reasonable locations for 
consideration in the Southern California Bight. The Atlas is a 
technical document providing geospatial planning information that will 
be used as one source of information to assist NMFS in

[[Page 31212]]

identifying AOAs through the NEPA process.

Preliminary Proposed Action and Alternatives

    The NMFS West Coast Region proposes to identify geographically 
discrete areas within Federal waters (outside of State waters within 
the U.S. EEZ) off the coast of Southern California that would be 
suitable to site future aquaculture development. The identified area(s) 
would be known as the Southern California AOA. The information within 
the Atlas was used as the basis for the locations described in the 
preliminary alternatives. Alternative 1 is the No Action Alternative, 
in which no AOA would be identified in Federal waters offshore of 
Southern California. In Alternative 2, NMFS would identify at least one 
and up to eight AOAs from within the boundaries of the North Study 
Areas Selected Site Options (SSOs), depicted as polygons in Figure 3.45 
and Figure 3.62 of the Atlas. The North Study Areas SSOs are located 
between 10.02 and 19.72 kilometers (5.41 and 10.65 nautical miles) 
offshore of Santa Barbara and Ventura Counties in the Santa Barbara 
Channel. In Alternative 3, NMFS would identify at least one and up to 
two AOAs from within the boundaries of the Central North Study Area 
SSOs, as depicted as polygons in Figure 3.82 of the Atlas. The Central 
North Study Area SSOs are located between 8.06 and 8.82 kilometers 
(4.35 and 4.76 nautical miles) offshore of Los Angeles County in Santa 
Monica Bay. In Alternative 4, NMFS would identify the AOA(s) from 
within the boundaries of either study area, up to a maximum area to be 
determined by NMFS with input from the public. The total 10 SSOs are 
depicted as red dots in Figure 3.44 of the Atlas. The alternative 
descriptions are preliminary. Based on input received during public 
scoping, NMFS may analyze more or fewer alternatives in the Draft PEIS 
or may revise the above preliminary alternatives.

Summary of Expected Impacts

    The PEIS will analyze potential impacts to the human environment 
that may occur should projects be proposed in one or more AOAs, if 
identified. Potential stressors associated with pre-construction, 
construction, operations and maintenance, and decommissioning of 
aquaculture activities that would be analyzed in the PEIS include, but 
are not limited to, bottom disturbance, vessel traffic, introduction of 
structures in the water column, introduction of cultivated aquatic 
organisms into the marine environment, and the introduction of 
commercial aquaculture products into economic markets and socioeconomic 
connections (e.g., job opportunities, infrastructure demands, or 
consumer perspectives).
    Based on preliminary evaluation of the potential stressors 
described above, potential environmental impacts could include 
modifications to marine habitat, changes in water quality, underwater 
noise, risk of marine debris, novel interactions of native and/or 
protected living marine resources with infrastructure and vessels 
(e.g., injury or mortality due to entanglement, vessel collision, as 
well as behavioral changes such as aggregating, avoidance, or other 
disturbance), novel interactions of cultivated aquatic organisms with 
disease, invasive and/or nuisance species found in the marine 
environment, and novel interactions among naturally occurring organisms 
and cultivated species such as food-web dynamics or genetic 
interactions.
    Environmental resources that may be analyzed in the PEIS include, 
but are not limited to, unique geographic areas such as marine managed 
areas and bathymetric features, water quality, hydrology and chemistry, 
air quality, ecosystem functions, wild fish stocks targeted for 
commercial and recreational fishing, highly migratory species, and 
protected species and their habitats and movement patterns.
    The PEIS may also evaluate the connection between the marine 
environment and human landscape through the analysis of available 
socio-economic data. Topics may include, but are not limited to, 
interactions of offshore aquaculture with historic and cultural 
resources, working waterfronts, environmental justice, public health 
and safety, and with other ocean user groups in geographic space and in 
economic markets. Socio-economic indicators that may be used to analyze 
potential impacts of the expected interactions include, but are not 
limited to, employment opportunities and other financial considerations 
of a commercial aquaculture business, biosecurity, seafood safety and 
compliance programs, economic patterns of the existing seafood sector, 
fisheries, shipping, tourism, or other ocean activities within the 
region, supply chains, planned coastal development and existing coastal 
infrastructure, demographic data of coastal communities such as income 
and education, community access to resources, social vulnerability, and 
social values.
    Potentially affected user groups may include commercial and 
recreational fishers, other recreational and tourism-based offshore 
ocean activities, the commercial shipping industry, the existing 
aquaculture industry within State waters, protected resource management 
and other research cruises, regional port districts, employees and 
consumers within the regional seafood sector, coastal communities, and 
Native American tribes and Indigenous communities with cultural 
traditions, identities, and experiences associated with the ocean.
    NMFS encourages comment on the proposed alternatives and the 
identified stressors, impacts, resources, and other public concerns 
that should be considered in the PEIS.

Anticipated Permits and Authorizations

    The proposed action, identification of one or more AOAs, is a 
planning action and does not include any activity that would require a 
permit or authorization as part of planning. The proposed action does 
not create any new regulatory framework or change any existing 
statutory authority related to offshore marine aquaculture. Neither the 
Final PEIS nor the resulting Record of Decision (ROD) would authorize 
any activities or approve any individual projects. Future proposals for 
aquaculture projects proposed for siting within an AOA would undergo 
project level environmental review and permitting. A proposed project 
would undergo project-specific NEPA review that could tier from the 
PEIS. In addition, project-specific permits and approvals from the 
permitting agencies would be required. Additional NEPA analysis may be 
required as part of permitting and authorization processes. Cooperating 
agencies may adopt the PEIS and utilize the information in their 
permitting actions.

Schedule for the Decision-Making Process

    This NOI initiates the NEPA compliance process associated with 
writing a PEIS. During the 60-day comment period, interested parties 
are invited to provide comments on the proposed action, the preliminary 
range of alternatives, any additional reasonable alternatives in the 
Southern California Bight, and potential stressors, impacts, and 
resources. NMFS expects the Draft PEIS to be available to the public on 
or around Fall of 2023 and the Final PEIS to be available to the public 
on or around April of 2024.

Public Scoping Process

    This NOI continues the scoping process, which guides the 
development of the PEIS. NMFS will use the public scoping process to 
gather input from

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individuals, organizations, Native American tribes, and Federal, State, 
and local agencies on the proposed action. The scoping process will 
inform the scope and significant issues to be analyzed in the PEIS. 
Interested parties may submit public comments according to the 
instructions described in the DATES and ADDRESSES sections above. 
Additional information may be found online at https://www.fisheries.noaa.gov/west-coast/aquaculture/west-coast-region-southern-california-aquaculture-opportunity-area. Accessible options 
for the visually or hearing impaired include full recordings and 
written transcripts of the webinar-based listening sessions. All 
presentation materials, recordings, and transcripts will be posted to 
the website within five business days of the webinar. Persons needing 
reasonable accommodations to attend and participate in the public 
meetings should contact Diane Windham at [email protected]. To 
allow sufficient time to process requests, please notify at least five 
business days prior to the relevant meeting.

Request for Identification of Potential Alternatives, Information, and 
Analyses Relevant to the Proposed Action

    NMFS requests data, comments, views, information, analysis, 
alternatives, or suggestions from the public; affected federal, state, 
tribal, and local governments, agencies, and offices; the scientific 
community; industry; or any other interested party on the Proposed 
Action that would help the agency consider both beneficial and adverse 
impacts. Specifically, for offshore regions in the Southern California 
Bight, NMFS requests public input on the following:
    (1) The scope of the NEPA analysis, including the range of 
reasonable alternatives described above.
    (2) Suitable species and gear for aquaculture.
    (3) Suitable reporting requirements for owners and operators of 
aquaculture facilities.
    (4) Types of aquaculture (e.g., finfish, shellfish, seaweed, 
integrated multi-trophic aquaculture) that could be supported and/or 
analyzed.
    (5) Potential impacts to biological, physical, social, cultural, 
and economic resources.
    (6) Information related to social barriers and/or economic 
constraints for aquaculture development.
    (7) Information related to technologies and strategies that could 
increase opportunity or mitigate risks of aquaculture development.
    (8) Information related to diversity, equity, and inclusion in 
aquaculture and the seafood sector.
    (9) Information related to climate change and climate equity.
    (10) Potential interactions with protected species, essential fish 
habitat, and other sensitive habitats.
    (11) Potential interactions with commercial and recreational 
fishing industries, tourism and recreation, and other offshore ocean 
users.
    (12) Information on other current or planned activities in, or in 
the vicinity of, the areas described in this NOI and their possible 
impacts on aquaculture development, or the impact of aquaculture 
developments on those activities.
    (13) Input on the size parameters of a single AOA that would be 
suitable to support aquaculture development in the Southern California 
Bight.
    (14) Input related to the risks and/or benefits of whether an AOA 
should be a single, continuous geographic space, or a collection of 
discrete areas separated from one another.
    (15) Input related to how an AOA could simultaneously support 
aquaculture development along with environmental, economic, and social 
sustainability--including ways to incorporate mitigation and cost-
benefit analyses.
    (16) Other information relevant to the Proposed Action and its 
impacts on the human environment.

Lead and Cooperating Agencies

    Consistent with E.O. 13921, NOAA is designated as the lead agency 
for the proposed action. The NMFS West Coast Region invited the EPA 
Region 9, the USCG District Eleven, and the USACE Los Angeles District 
to act as cooperating agencies for the purposes of the PEIS. EPA, USCG, 
and USACE have agreed to act as cooperating agencies.

Decision Maker

    Scott M. Rumsey, Acting Regional Administrator of NOAA Fisheries' 
West Coast Region.

Nature of Decision To Be Made

    If an action alternative is selected, the decision maker would 
select an alternative that identifies one or more AOAs as part of a 
planning exercise for offshore marine aquaculture in Southern 
California. No specific aquaculture projects are being proposed or will 
be permitted through the PEIS. The analysis presented in the Draft and 
Final PEIS and the identification of any AOAs in the ROD will serve to 
guide and inform future decision-making (e.g., environmental review and 
permitting processes) if and when specific proposals to conduct 
aquaculture operations are proposed within these areas.
    Authority: Executive Order on Promoting American Seafood 
Competitiveness and Economic Growth (E.O. 13921).

    Dated: May 13, 2022.
Danielle Blacklock,
Director, Office of Aquaculture, National Marine Fisheries Service.
[FR Doc. 2022-11010 Filed 5-20-22; 8:45 am]
BILLING CODE 3510-22-P